>> a burglary suspect may have thought a guy in a wheelchair would be an easy target. not this time. the home opener is an army veteran. he first heard a loud bang and then saw the intruder in his hallway. >> i got my gun out of the drawer and raised it up, and he took off and run out the front door, and it's either going to be me or him. one has to go, and this is my house, my home. >> shepard: he says the intruder flew like a bat. police and sheriff's deputies

say they're examining evidence he left at the escape. >> have you done it yet? hay. petitions.white house.gov. if they get 25,000 signatures for this make the day after the super bowl a national holiday, they have to respond, the white house. go there, tell your friends, put it on facebook. now! captioned by closed captioning services inc. >> the northeast in a deep freeze and that sandy aid is still on ice because it looks like harry ain't in a hurry. >> welcome, i'm in for neil cavuto. remember the outrage when republicans in the house questioned the pork in the sandy aid bill. accused of holding it hostage. >> i'm infewerrated.

>> it's institutionable an every level. >> have some guts, put it up, vote yes or no. >> this is a dollars on top of a disaster. i'm sit hearing in shock. it's unprecedented and disgusting. >> we cannot leave here doing nothing. that would be a disgrace. >> so why the holdup now? the house passed the aid package ten days ago and still stuck in the senate as sandy victims are freezing with temperatures in the northeast dropping into the teens. the wind chill making you feel like it's below zero. we're going to talk to asen divictim. first to david lee miller, at a tent city in new york where folks are just trying to keep warm. david? >> these tents behind me, a great deal more than just a place to stay warm. you can see this fedex tractor-trailer. inside it's packed with donated

replies. and then look at these pallets. city harvest, a charity near new york, just dropped off a great deal of food donated from the american red cross. let's go inside the tent. one thing to note, eric, the city does have warming centers but they're only open between the hours of 9:00 and0. this tent city, as you called it, is open 24 hours and is staffed entirely, entirely, by volunteers, and if you get in here, it is an balmy, i would say, 65 degrees or so. one thing to point out is that this is not only a place to stay warm for some, also place to call home. a small minority, very small minority of people, have no place to sleep at night. temperatures are plummeting and organizations say some people sleep here in the evening. listen. >> i have three residents that sleep here because one has no heat at all, one has no roof, so

it's too cold for him to stay there. and the other one is just going back and forth because he has a newborn and a little child, but back and forth the hotel because he was to do things down here, and they say here because there's know place for them to live. >> the next few hours, we're expecting snow here in new york. on the minds of many is how this tent city is going to fare during the snow. and beyond that there's weeks and weeks of winter left and many people still have no place to call home. >> get out of there, david. it's three minutes past the closing time of tent city on staten island. >> this man finally got the heat on but he is still freezing because he was no walls. scott, how are you dealing with this? >> very hard. i'm actually still running electric heaters. behind me you can see a

contractor's blower that is blowing heat while die some work here. it's amazing. it's still like day one. it's still like day one. we have gas and electric, still not helping. we're still cold out here. my wife and i have been sleeping in sweatpants, three blankets, and electric heated, just to keep warm. came down last night and actually read one of the thermometers. 19 degrees down here with the heat on. not with the electric heat. just with my plain heat on, it was 19 degrees in my house. >> scott, let me jump in here. what do you think when ten days ago the house passed $50 billion aid for you, yet it's being held up in the senate. what do you want to say to these senators? >> you know, it's shame. they go home at night and they should be ashamed of themselves.

they should think of us as family. we're american citizens here. we're not a a third world country. it's amazing you would bail out some other country before you would help your own. we're supposed to be the united states states of america. you're supposed to be taking care of your own. but you send foreign aid and emergency rescue to these other countries that had hurricanes, earthquakes, and stuff like that. but you're forgetting your own taxpayers, you're forgetting your own people. wake up! these people are like your family. we vote for you! i hope when election time comes that you're up for election and they boot you out in the cold. >> scott, there were a bunch of lawmakers who used the aftermath of the hurricane for a photo op. you actually meat a couple of them. what do you have to say to them?

>> i met governor cuomo. big phony. he has not said one thing to stick up for the new york people. i hope when election comes, the new york people remember that andrew cuomo did not help us, and they boot him out. and as for our president, shame on you. you went away to hawai'i while i, my neighbors, and the middle class and the victims of sandy, were freezing, had no place to go for the holidays, but you used our tax dollars to take your family away to go play ball, and have a good time, while my family did not get to spend christmas here. it's the first one in ten years that i did not spend christmas in my house. i had to go to my sister's house to easement my kids weren't home mitchell daughter didn't come home. but you, mr. president, went away and got to enjoy yourself and you have lied to the

american public. i have asked you to come back here to staten island to tell us why you broke your promise. you know where i live. you made a promise. you looked me eye-to-eye. i will look you eye-to-eye right now and say, president obama, come back to staten island and talk to the victims and tell us why you're not helping like you promised,. >> scott, we have to leave it there. we'll say a prayer for you. hopefully we get this aid through the senate and get it to you guys as soon as possible. scott, thank you very such. >> to washington, mike, what is holding things up in. >> a great question. the senate is scheduled to vote on the sandy relief funding on monday at 5:30 p.m. almost two weeks after the house passed a more than $50 billion package. that was back on january 15th. here's a sample of the bipartisan emotion we heard from

lawmakers from the new york metropolitan area that day. >> please remember that, when you -- cast your vote today, these are americans in need that are counting on us to stand up and do the right thing. regardless of whether you're from a state that has had disasters or note. >> people lost their homes, cars, jobs, their entire neighborhood, and there should not be different standards for different storms. or for different regions. >> while sandy victims are in the freezing cold, as you have seen from those two previous live reports, the senate has yet to act on this bill. earlier this week the senate majority leader, the person that calls up legislation for a vote, made this promise. >> the senate will continue to help our fellow americans recover from hurricane sandy before another similar disaster strikes. hundreds of thousands of homes and businesses were destroyed in new york, new jersey, and new

england, and tens of thousands of americans were left homeless by this storm. >> i reached tout staff members to lawmakers from the new york, new jersey area, trying to see what they thought about the delay. they did not want to say or do anything that might jeopardize this vote from happening. they just want to get it done. eric? >> thank you, mike. >> coming up, the fact is, we have four dead americans, because of a protest or guy out for a walk one night 'owho decided to kill some americans. what difference at this point does it make? >> uh-oh, guess who the president just picked to do a joint interview this weekend. and did the court just deliver a major blow to the president and his union buddies? ♪

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well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work. ladies and gentlemen, the president of the united states

of america, barack obama. applause [bleep] >> well, forget the healthcare law. this might be an even bigger deal for you. the president and hillary clinton sitting down for their first joint interview. the president just -- he hasn't done a joint interview with anyone other than the first lady, a sign joe says might be a go -- no-go for 2016. i don't suspect he is happy about this. >> i don't think so. maybe joe biden will drive the two of them to the interview. i don't know. but, look, biden obviously would like to be president obama's successor. one assumes hillary clinton would like to be that successor, and so who gets that first joint interview outside the first family? hillary clinton. joe biden can't be pleased with that. >> the timing is very interesting, is it not?

>> well, this is hillary hillary clinton's val disk. i assume this is president obama's way of saying hale and farewell' and thank you for a job well done. it brings up a bigger question. president obama, if both of these two candidates run, is going to have to make a choice. either have to endorse one or the other or stay above the frame of it's not going to be easy and both clinton and biden will be appealings for his good graces, his endorsement. >> larry, producers, can you throw up the poll we have? it shows hillary clinton with a substantial lead over joe biden, in terms of personal popularity. the last election proved personal popularity is kind of important. >> it's very important, particularly in primary contests. the vast majority of the people voting in party primaries are members of that part.

so they can't vote on the basis party identification. all the candidates are of their same identification so they're going to pick on who they like, who they respect, who they trust. right now hillary clinton has an enormous lead over joe biden, and as she does with the general electorate. she has a larger lead among independents than biden does. this favorability is tied. >> is there any sort of -- secretary of state hillary clinton gets brought to the hill and testifies in the senate and he house, gets heated and grueling. let's go on the talk shows or get an interview out there to take the public's attention on that and refocus it on something else, like hillary, 2016. >> it would be interesting to know how i was proposed and presented and what they specific topics will be. we'll find that out when we

watch the interview to me it says, this is a changed president obama because we all know what he thought about the christian -- clintons and said about the clintons in 2008. now he owes them, not just mrs. clinton for serving as secretary of state. he owes bill. let's remember, one of the turning points in the 2012 campaign was bill clinton's big speech for president barack obama dedemocratic convention. >> joe is not the only one getting bad news. a court ruling appointments are unconstitutional. decided he did not have the power to fill those three spots last year at the time the senate was away for the holidays on a 20-day recess. the administration is expected to appeal. this may be bad news for the president but really good news

for jobs. what do you mean by that? how is this good news for jobs? >> i think this is a big story for a couple of reasons. one is that the president has been acting like a monarch since the election. riding high on his horse you. covered the story about all the executive orders the president is moving forward with, without the approval of congress. and, look, we're still a nation that is based on constitutional checks and balances, and the whole idea of congressional approval for these appointments is a key part of that. so i really approve of this decision by the courts to say, you can't move without congressional approval think this plays into the issue of are we going to create the kinds of jobs and numbers of jobs we want, and i'm a believer that the administration is so much in the hip pocket of the labor

unions this is really restricting job creation, and those three people that president barack obama tried to put on the national labor relations board without congressional approval, were all people who were extremely pro labor union. that's why they couldn't get through congress. >> here's why it matters. let me throw this out there. three people on the nlrb board right now. there are seats for five. that means two more can be appoint. president obama can probably not do it through recess again unless does it properly through recess. there's a question how heed it. going forward he'll have to do it through proper channels. >> that's right. now, right, the public is wondering, why shy care about the nlrb? the answer is, you know, eric, is because this is the regulatory agency -- remember the controversy a year or year and a half ago about boeing trying to move the facility out

of seattle and moving to south carolina. those are the things the nlrb decides. >> is it a surprise that they have that much influence over a business? >> it shouldn't. i think you and i think alike on this, eric. nlrb should not have any kind of input about where an american business locates its factories and plants, but what happened in this administration is -- it's just not the nlrb. the regulatory organizations are sticking their finger in every business decision shoot be the decision of the shareholders and the ceos of the company. >> not a lot of time, steve. the people he tried, president obama pride -- tried to put on, will they be removed? >> i don't see how they have a chance of get through the congress in terms of the approval process. >> so hey have to be approved now? they have to go through full congressional approval? >> that's right. the rope the president tried to put these guys through, through the recess appoint; because he

knew they cooperate get through. let's get some bipartisanship here. the president always talks about moving to the middle and getting deals done with congress. then he puts people up fourths these appointments that are far left wingers. neat way to compromise. >> a web site for sugar daddies getting some not so sweet press today. could what this man is being accused of cost the company big? ♪

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eight years, all this as the dow continues its march toward 14,000, few hundred points from the all-time high. >> i think all dating web sites people are looking for sex. >> i guess your critics say that. you know what? this is a pitch for prostitution. what do you think? >> i think all relationships involve some sort of financial exchange. >> something tells me that crowe had no idea one of his sugar daddy clients would end up on the front page of the new york post, accused of raping a woman he reported by met on seeking arrangements.com. should the company be prepping for a lawsuit? let me start with you. you say -- >> sue away. i know the federal decency

communication act is against me but as lawyer i would say that only immunizes the company to a certain extent. they guy has an assault on his record. completely out there. it wasn't about sex. it was about rape in this case. i would say, as a creative lawyer bring this, conspiracy, accomplice to rape,let of things against the company. >> whoa, whoa. >> i'm not sure i set this up properly. this goo goes0s seeking arrangements.com, and calls him daddy loves arm candy. this one comes to his apartment and then apparently may have been raped. so is the company liable? >> no. i don't think they are. number one, the communications decency act gives broad immunity to online sites. they're giving third-party information. they're not knot vetting nor do they have to vet the members. they're creating a database. number two they don't have to,

as i said, give -- they don't have to vet these people. what they have to do under certain laws which have become state laws, especially in new york, where this occurred, they have to say, there are safety procedures. make sure you try to date safely and you have to vet the member. we don't have an obligation to do that. >> when a criminal act comes out of that and should have known because of the assault and things he posted, this was foreseeable in a tort sense, and it involves a criminal -- >> how -- >> i would certainly make the argument -- i know the law is against me and i'll tell you i think the act is overbroad. >> may change. >> look at match.com. all those -- >> how do we -- [overlapping speakers] >> you saying it may change and evolve. >> when you go into a bar and this god forbids happens, are you going to start suing the bars? >> more obvious one. two people meet on facebook and

something happened? >> absolutely. all the social media settings. you can't hold people accountable if they're giving up information. >> it was so clear what he was going of, sugar daddy. >> there are 40 million people on dating sites. >> this crosses the line. >> that's going to be hard -- i just want to know why is this one different? >> thank you, eric. i'm trying to make my case here. >> how is -- because they're specifically for hooking up -- >> for hooking up arrangements. >> they're to be held at a higher standard? >> bringing a woman to his home. he had the assault on his rap sheet. why didn't they look at that? that's what i'm saying. the federal decency communications act should not be so broad you're not vetting people. >> and allowing a criminal act to happen. >> if they had the internet dating safety act, that's implementing safety procedures. but they only have to fifth them information about dating. >> can i just jump in here.

this is the guy who is accused of this -- he has been accused orape and we're not sure if either of those are the victims. but this is also the guy who, i think he beat up his doorman. >> that was already on his jacket. they, the internet site, should have nope that. the act should not be so broad as an immunization to anybody who has an assault record. >> also predator -- injury they don't have a criminal rap sheet -- >> then broaden it -- >> can't stop these epidemic. >> he had the assault beef. that could have stopped him. they could have said, that's it, you're out of here. >> lee, i think it's a tossup. we got to leave it. taxpayers paying enough for the medicare? michelle is getting fired up next.

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>> yes, medicare violated federal law by giving over $120 million to illegal immigrants and inmates. this is what happens when you have a big, bloated government, and now medicare is saying, oh, we don't know how to recuperate the funds. we don't have the tools or database, so it's just frustrating and disappointing to see the government throw away our money. >> there was a story about a year or so ago where the irs was sending checks to inmates that didn't deserve checks as well. >> exactly. what this shows is that washington isn't really serious about fixing our debt issue. because medicare is one of the biggest driving forces of our long-term national debt. if they were serious they would try to eliminate this waste and fraud, and what is frustrating is for young people like me, who we pay into the system, we're funding it, and the money isn't being saved for us. it's being spent right now. so not only are we paying for a

program that is unsustainable, but the government is spending our money and giving it to people who don't deserve it. >> $120 million, people are saying, what's 120 million when the government spends $2.3 trillion. you have to start somewhere. >> exactly. all these things add up. a little waste in this department and that department and all adds up and. $120 million is a lot of money. people are scrambling to feed their families, in and to see the government throw that away is just really unethical. >> here's another one. the number of people on food stamps over the last four or five years has grown by 80%. the dollar amount that we're spending on the food stamp program has more than double. do you think there's any waste, fraud, abuse in that program? >> oh, my god. i'm sure. not only that. but we're create agriculture of dependency, where people no longer see their parents as their supporters. or as their parents.

they see the government as their parents. children are. because those are the people who feed them now. >> we're outraged that arch -- everyone watching this but your generation is sadded -- sad els with tens of thousands of dormrooms in debt before you find a job. >> exactly. and you can't find a job. when you do, you see your money get taken out for social security where there's all this waste and fraud. so everywhere you go there's something wrong. >> michelle, we're going to leave it there, and i loved your outrage face. >> happy friday. >> more bad news for boeing. the battery may be more dangerous than initially thought. >> a big takeaway from in the ntsb's latest update on the 787 investigation is it looks like the planes will not fly anytime

soon. they don't know what caused two batteries to overheat, leading to a fire and emergency landing and the grounding of the fleet of 50 dreamliners in service. they're looking at the battery charger and the electrical system, and so far there's been no smoking gun. >> this is not something we're expecting will be solved overnight. there's a lot of technical work and a lot of complex work to understand. >> i also got word from a source inside boeing that the ntsb is looking at another fire in tucson in 2006 that happened on a plane -- it was during a test when the lithium ion battery exploded and burst into play. boeing says the test was done wrong. the worker who set it up says it was correct, and the batteries were dangerous. he was fired and sued and lost his case. now the feds are reexamining the

whole incident. meantime, boeing continues to assemble dreamliners in seattle and south carolina. the problem is what to do with the planes when they're finished. the company did get a vote of confidence from the ceo of united airlines who says he still has confidence in the 787 and has no doubt customers will come back. united owns six of the grounded planes and has more on order. >> a new credit card fee kicking in this weekend. how can you avoid getting swiped? find out. >> and forget cruise ships. people are getting the norovirus in the office.

you swipe, they charge. starting sunday stores will be allowed to hit you with a checkout fee if you pay by credit card. it could add an extra 4% to your purchase price. dave ramsey says go for the

cash. dave, this is new. can every credit -- everytime you swipe they can nail you for 4%? >> yeah. isn't that neat? the merchant fees are going to be passed on directly to the consumer. not even in the cost of the product. this this comes from a settlement from a huge lawsuit that has been going on for many years, where visa used to be able to say you can't charge a different price if you take visa than if you pay cash, and now they can. they have to post signs in the store if they're going to do this, so you can at least know you're being charged more for using your credit card. >> you said something, they weren't allowed to charge more price for the product -- higher for using credit card. don't they do that at gas stations? >> well, they've been doing it, and this lawsuit has been -- that's one of the things that brought it up. and wal-mart, the big chains came out against, and it was a clash of the titans between the big retail federation people and the whole visa/mastercard

network. so they have been messing with this for years. those of white house take card -- like debit cards and they hit me as a merchant for 3 or 4% everytime somebody does that instead of giving us a check. so we built it in as a cost of doing business. but now, of course, you're going to get hit on top -- >> dave, i know you like to cut up cards, but if you use a debit card you won't get nailed for the fee? >> if you use a debit card as a debit card. a deb bait card -- debit cards have two functions. if you put yourpin in, it's like an atm card but if you use your debit card like mine, i just swipe it. don't know the pin. and now it's going 0 through the visa as a credit charge.

>> i don't understand the difference. when you use a debit card you're using your money. >> but you are using the visa network if you're not using a pin. if you just swipe and it you select credit, they ask you credit or debit, and you say credit because you don't put in a pin, and if you do that, it's run through the visa system so visa is charging them the same fee. >> we're talking billions of dollars out stake here, right and. >> billions and billions. that's why this has been such a big fight. but it is truly one of those things, death by a thousand cuts. it's 4% at a time, baby. doesn't feel like a lot but add up. >> thank you, david ramsey, cut up your credit cards. and apple is no longer the most valuable company on the

planet, exxon mobile regaining that title. apple shares have been plummeting over concerns over the bottom line. >> you voted. you heard of people getting the norovirus from the cruise. how about from a cubicle? that's coming up. my bad. tell me you have good insurance. yup, i've got... [ voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. nope, i've got... [ voice of dennis ] the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have... [ voice of dennis ] allstate. [ normal voice ] same agent and everything. it's like we're connected. no we're not. yeah, we are. no, we're not. ♪ ask an allstate agent about the value plan. are you in good hands? .

>> it's strong, it's quick, and it's sure to make you sick. u.s. health officials are now warning the norovirus has a new strain and it's already behind at least 140 outbreaks in the states since september. the virus is highly contagious and spreads easily in the winter. what can you do? just use commonsense, doc, let's start with what is the norovirus? >> a strain of a virus that

causes what we typically know as the stomach flu. it causes stomach upset, nash ya, vomiting, loose stools. it comes on fast and furious. known at the ferrari of stomach bugs. it hits quickly, knocks you out for a few days and spreads easily to other people. >> how does it spread? >> it's unique in that it can be spread from person-to-person. so if someone has the virus, stomach upset, it is shed in fecal matter and can be in the environment. so if you're around that person and touch a contaminated surface and then put your hands in your mouth you can get it. and if the person is vomiting, it is air saliva. >> from the vietnam mitt?-from the vomit?

>> yes. and it's food-borne, you can get itle and -- if you touch the contaminated surface and eat food that it bear, you can give it to yourself. >> so highly contagious and if the food preparer has it, just breathes on the food, you might get it. >> not if their breathe. irtheir hands are contaminated and the touch the food. >> what do to stay healthy. >> good hand high general, hand sanitizers do not work for the neurovirus. that's important for mom. >> why not? >> doesn't kill the virus to make it noncontagious. hand-washing is the way you kill the virus, and it has to be 20 second with soap and water. and another way -- >> hot water? >> it can be warm or hot. the temperatures to not matter. so the handsanitizer does not do the trick. and you also need to decontaminate your surfaces. so if someone in your house has

it, hand wipes don't work. you have to use a disinfect tenant use, bleach. that's going to kill off the surfaces, and if you have the illness, quarintine yourself. >> we need to make a distinction here. this has pun one of the worst flu seasons and this has nothing to do with the flu. >> it's typically called the stomach flu because there are overlapping symptoms but it's a misnomer. >> the flu shot won't keep you healthy. >> not. the flu shot will help prevent influenza, which is recommend, but for the norovirus, it's running rampant. my niece had it. it's in offices, college dorms, nursing homes, cruise ships, and there's nothing you can do to prevent it other than washing hands. >> for years it's been on cruise ships but never made land. what made the jump? >> this particular strain is call the sidney strain.

it bak in march in australia and marched across europe, england and the united states in september and we're seeing over the half over the outbreaks due to this new strain. >> i'm going to leave it there. thank you very much. a great, great advice. >> thank you. >> if washington isn't going to make good on it promises, you can counseled on neil. the proof? coming up.

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news colleague, cavuto. >> no offense, sir, but you didn't answer my question. what would you do? we are staying on until a winner is declared. pizza, chicken wings, could be a long night. we'll cover the time. >> one of ten precincts reported in granite state. we are calling the poll closed and you have won south carolina. we are calling this race for you. congratulations. the polls closing in the state of florida. not ready to call michigan. we are ready to call arizona. >> we are getting closer to some closure. maryland and the district of columbia will be closing any minute. wisconsin is where the battle

royal is on. the best names in business and politics together. i keep telling you folks. we mean it when we say this is the most consequencial quick election of our time. >> welcome to the rock 'n' roll republican national convention. >> i love the music. >> it's great. >> how are you doing? >> well. >> are you ready? >> i am. aren't you? >> wonderful. >> congressman, how did it go out there? how did it go? do you have a good feel for things? ready for tonight? how long will the speech be? you could see there, the bonding and the respect the congressman has for me. stops everything for me. >> everyone shake your hand, everyone wants to be with you. i thought it was because i was here. apparently it's not true. >> when they wave at me they say do you know neil? i say yeah, i do. >> you got the memo. >> we had your picture. >> i accept your nomination for of the united

states. >> getting started here at the democratic national convention. one thing you immediately noticed from the elaborate setup here, the no debt clock. that was a major part of the republican convention in tampa. mr. trump, i will give you this. you come on and you talk to us, which is more than i can say a lot of your colleagues. give you great credit for that. >> have me on again. >> i. will i will. you have seen what we do. not shy or unable to get the big names. but a lot of the p.r. people blow us off. sometimes, folks, i have to take matters in my own hands. 11 minutes. you are getting good reaction to your speech. >> thank you. i feel good. thank you. >> a lot of delegates here saying it did. >> all right. this is just coming in from blogs. cavit cavit finishes stunning one-on-one with massachusetts governor patrick. cavuto has revealing exchange with massachusetts governor. okay. i just made that up. >> i accept your nomination

for president of the united states. [ applause [ applause ] >> the university of denver with the first of four big debates. >> in person. here are my fans. that is not the case. >> table serves a useful purpose. it makes for a calmer, less vitriolic discussion. both sides can relax, in a ceo type of environment. sort of shoot the breeze. vice presidential debate is on. despite being a sit-down venue, some would thought would take heat out of, this it really did not. >> i don't know whether the governor will be competing with a certain baseball game going on right now. >> i know. >> hofstra university. just the added have of our coverage here -- value of our coverage here. how markets around the world respond to this, how you are responding. how some of your tet